Traditional Knowledge

SC Statement – WIPO Diplomatic Conference on GRs & Associated TK, 13-24 May 2024

STATEMENT

Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge

Geneva, May 13-24, 2024

The South Centre at WIPO Diplomatic Conference urges strong improvements in Basic Proposal for IP and genetic resources treaty: clear minimum standards for patent disclosure, digital sequence information inclusion & WIPO website for monitoring claims. Searching consensus must not impede this vital treaty to incorporate effective measures against misappropriation.

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SouthViews No. 264, 10 May 2024

Understanding the Interconnected Threats to Global Sustainability: A Focus on Deforestation, Traditional Knowledge, and Biopiracy

By Marissa Costa De Castro

This paper examines the interconnected threats of climate change, deforestation, misappropriation of traditional knowledge (TK), and the detrimental phenomenon of biopiracy. It discusses the profound impacts of deforestation on climate change, with an illustrative case study centered on Brazil’s Matopiba region. Additionally, it investigates the intricate relationship between TK, land grabbing, and biopiracy within indigenous and local communities.

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Policy Brief 129, 7 May 2024

The WIPO Diplomatic Conference for a Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

By Viviana Muñoz Tellez

A new international legal instrument is set to be concluded under the auspices of the World Intellectual Property Organization (WIPO) in May 2024. Its legal nature should be that of an international treaty, given that a Diplomatic Conference, the last treaty making stage, will be held for its conclusion. The purpose of the instrument (hereinafter “the Treaty”) is to create an international minimum standard for patent applicants to provide information concerning the origin or source of the genetic resources or traditional knowledge associated with genetic resources as part of the patent application process. This Policy Brief provides an overview of the rationale for the Treaty and of the process and substantive issues to be negotiated, and advances recommendations towards ensuring a successful conclusion of the Diplomatic Conference.

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SouthViews No. 263, 1 May 2024

The Protection of Traditional Knowledge, Traditional Cultural Expressions, Expressions of Folklore and Genetic Resources Within the African Continental Free Trade Area – Alignment with International and Regional Developments  

By Caroline B. Ncube

The adoption of the Protocol on Intellectual Property Rights under the Agreement on the African Continental Free Trade Area presents an opportune moment to consider a continental framework for the protection of Traditional Knowledge, Traditional Cultural Expressions, Expressions of Folklore and Genetic Resources. This SouthViews considers lessons which can be drawn from national laws, using South Africa as an example, for the relevant Annex to be negotiated under the protocol.

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SouthViews No. 260, 20 March 2024

Patent rights and misappropriation of traditional knowledge: the case of the Amazonian Mirantã

By Marcos Vinício Chein Feres

This article aims to understand whether there are any signs of misappropriation enabled by the international patent system in the case of associated traditional knowledge to Mirantã, a plant (genetic resource – GR) found in the Amazon Basin. There is clear correspondence between the traditional uses of Mirantã and patent claims found, which are, or may at least hint at, evidence of the misappropriation of traditional knowledge. More generally, this confirms the perspective of the existence of a coloniality of knowledge as in many jurisdictions, due to the lack of measures to protect traditional knowledge against misappropriation (e.g., via a disclosure requirement in patent applications), these patents are for now deemed valid.

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Policy Brief 125, 12 February 2024

WTO MC13: TRIPS Issues and Technology Transfer

 by Viviana Munoz Tellez, Nirmalya Syam

This Policy Brief discusses issues concerning trade, intellectual property, and technology transfer that are most relevant for consideration at the 13th World Trade Organization (WTO) Ministerial Conference (MC13) in February 2024 and inclusion in its outcomes.

The following recommendations are proposed:

  • TRIPS non-violation and situation complaints: MC13 Decision on the scope and modalities of non-violation and situation complaints under the Agreement on Trade related Aspects of Intellectual Property Rights (TRIPS). A second option is to extend the moratorium.
  • TRIPS, diagnostics and therapeutics for COVID-19: MC13 Decision that extends the MC12 TRIPS waiver Decision (only applicable to vaccines) to diagnostics and therapeutics
  • Relationship between TRIPS and the Convention on Biological Diversity: to be addressed in the MC13 Outcome Document
  • Follow up to the MC12 Declaration on the WTO Response to the COVID-19 Pandemic and Preparedness for Future Pandemics: to be addressed in the MC13 Outcome Document
  • Relationship of trade and technology transfer: include in the MC13 Outcome Document to reinvigorate and give direction to the Working Group on Trade and Technology Transfer (WGTTT) and increase attention in all relevant bodies on how the WTO can promote technology transfer

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South Centre Report, 16 January 2024

Identifying Legal Challenges for Farmers’ Innovation

By Saurav Ghimire

On 9 October 2023, an expert workshop on “Identifying Legal Challenges for Farmers’ Innovation” was organised at the Centre for Private and Economic Law, Vrije Universiteit Brussel, in collaboration with the South Centre and Université Catholique de Louvain. The hybrid event gathered experts to discuss the challenges for farmers’ innovation, particularly those emerging from regulatory regimes. The workshop brainstormed policy and regulatory hindrances to farmers’ involvement in plant breeding, namely, in access to breeding materials, access to the market and reward/protection for the innovation.

The expert workshop was organised as a part of a joint research project, “Farmers as Plant Breeders: Legal Mechanisms to Foster Farmers’ Innovation”, led by Prof. Christine Frison (Université Catholique de Louvain), Prof. Kim Van der Borght (Vrije Universiteit Brussel), and  Prof. Carlos Correa (South Centre). The research project is funded by the Research Foundation Flanders (FWO).

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South Centre Statement to the 64th WIPO General Assembly, July 2023

South Centre Statement to the 64th WIPO General Assembly (2023)

The South Centre, the intergovernmental organization of developing countries, actively promotes balancing public and private interests in the IP system. In accordance with the mandate of the 2007 Development Agenda (DA) and the Sustainable Development Goals (SDGs), which WIPO as a UN specialized agency must contribute to, development, sustainability and human rights should be at the core of WIPO’s activities. WIPO should remain a Member State-driven, development-oriented organization.

The South Centre remains available to all developing countries’ delegations to provide further information and support on these matters, during and after the Assemblies.

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Matrix of Key Issues in TRIPS Council, June 2023

MATRIX OF KEY ISSUES IN THE WTO TRIPS COUNCIL

Health, Intellectual Property and Biodiversity Programme, South Centre

The following matrix provides a factual overview and analysis of the standing and non-standing agenda items of the regular session of the WTO TRIPS Council. The matrix also discusses the TRIPS Implementation issues as part of the WTO Doha Development Round of negotiations.

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